Gabriel Aubry Started That Whole Fight, But It’s Cool

The verdict is in as far as cops are concerned … Gabriel Aubry was clearly the instigator of the Thanksgiving Day brawl at Halle Berry’s house

Law enforcement sources tell TMZ … detectives are now clear on what they believe happened — Gabriel committed two batteries on Olivier Martinez before Olivier lifted a finger to defend himself.

As TMZ first reported, as Gabriel deposited Nahla at Halle’s house Olivier walked out and said, “We have to talk.”

Based on interviewing the principles and witnesses, detectives have concluded Gabriel then pushed Olivier (battery #1) and swung at his face, making contact with his shoulder (battery #2).

Cops say at that point, Olivier responded in self defense with 3 quick punches to the face.

What’s more, law enforcement sources tell us they are “concerned” about what they believe are “Gabriel’s ongoing anger issues.”

As one law enforcement source put it, “It seems he’s still having a hard time getting over his break up with Halle.”

But here’s the good news for Gabriel — we’ve learned Halle and Olivier have both told detectives and prosecutors they do not want Gabriel charged with a crime because they do not believe it would be in Nahla’s best interests.

Law enforcement sources tell us the case will be set for an informal hearing at the city attorney’s office. The likely outcome is that Gabriel will agree to take anger management classes, although the the hearing officer could decide to just drop the entire matter after hearing both sides.

Ok, so just so we’re clear, if someone shoves you and swings and then you give them a head injury, that’s cool? As long as someone swings at you first, you can do whatever you want to them because it’s self defense? That’s neat. It’s good to know that there’s absolutely nothing weird going on here, and that Halle Berry is absolutely not blackmailing Gabriel Aubry, and that Olivier Martinez is just a good guy looking out for himself and for his new family. This is all so heartwarming, right?